Joseph William Charlton v. E.W. Morris, Warden, Fci--Sandstone

Joseph William Charlton, a federal inmate, appeals from the final order entered in the District Court 1 dismissing his 28 U.S.C. § 2254 petition.

In 1990, Charlton pleaded guilty to aiding and abetting the possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Charl-ton was sentenced as a career offender based, in part, on a 1982 Minnesota state felony conviction.

Charlton then filed this section 2254 petition arguing his Minnesota state conviction was unconstitutional because of an erroneous jury instruction and, thus, it could not be used…